Damages -- Suit for defamation - Cause of action for defamation is a personal action and is governed by the principle actio personalis moritur cum persona - Cause of action for defamation does not survive after death of the person concerned, since relief claimed is personal in nature and becomes nugatory upon death - Legal position is thus : (i) If plaintiff dies before a..........
Defamation -- Suit for damages - Death of sole defendant after decreetal of suit during pendency of second appeal - Suit for damages already decreed and Court awarded damages to plaintiff - Liability has taken the form of a debt payable out of estate of deceased defendant - Even though original cause of action was personal in nature, proceedings cannot be treated as..........
Defamation -- Suit for damages - Alleged defamation is based on a complaint given by defendant to competent authority accusing the plaintiff, who is an Advocate of misconduct - Complaint was enquired into and was ultimately closed on the ground that documents were available in Court records - Mere fact that complaint was closed does not by itself, show that complaint was..........
Defamation -- Suit for damages - Doctrine of qualified privilege - Litigant who approaches a judicial or quasi-judicial authority with a complaint against an Advocate cannot in the absence of malice be made liable for defamation merely because complaint was ultimately not accepted, particularly when complaint was made only to competent authority and cannot be regarded as..........
Defamation -- Suit for damages - Doctrine of qualified privilege - When a person makes a complaint in good faith to proper authority for redressal of a grievance, such communication is protected under doctrine of qualified privilege...........
Defamation -- Suit for damages - Doctrine of qualified privilege - In a civil defamation case, it is not necessary to prove intention or malice - Where communication is protected by qualified privilege, absence or presence of malice becomes decisive and plaintiff has to prove express malice...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Mere pendency of a counter claim for damages against a financial creditor will not operate as a bar on the right of financial creditor to invoke provisions of IBC...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Damages cannot be awarded merely on presumptions or whims and fancies of complainant - To make out a case for award of damages especially when claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Compensation/damages - Claim of compensation was for crores of rupees - Merely on basis of photocopies of documents placed on record by respondent, Commission has committed an error in awarding huge amount of compensation of Rs.2,00,00,000 which cannot be justified - Even discrepancies in photocopies..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for recovery of damages for defamation - Period of limitation u/art 75 of Limitation Act would not get extended after expiry of one year from date of publication of libel - Suit is not within limitation prescribed u/art 75 of Limitation Act - Plaintiff even if proves all..........
